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2025 DAILYLAW 94410 (ALL)

SAMSUDDIN RAYEEN v. STATE OF U.P. AND ANOTHER

CRLA/8182/2025 · 2025-09-17

Shekhar Kumar Yadav

Criminal Appealbody2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL APPEAL No. - 8182 of 2025 Court No. - 83 HON'BLE SHEKHAR KUMAR YADAV, J. 1. Heard learned counsel for the appellant, learned A.G.A for the State, learned counsel for the respondent no.2 as well as perused the record. 2. The instant appeal has been filed under Section 14-A (2) of SC/ ST (Prevention of Atrocities) Act on behalf of the appellant, graciously be pleased to allow this appeal and set aside the anticipatory bail rejection order dated 05.08.2025 passed by the learned Special Judge (Scheduled Castes & Scheduled Tribes Act, Meerut in Anticipatory Bail Application No.4125 of 2025 arising out of Case Crime No. 139 of 2022, under Sections 147, 323, 504, 506 IPC and Section 3(2) (5A) Schedule Castes & Schedule Tribes Act, 1989, Police Station-Nauchandi, District Meerut. 3. At the outset, learned AGA vehemently opposed the prayer and has submitted that the instant appeal praying for grant of anticipatory bail to the appellant is not maintainable under the aforementioned sections by virtue of Section 18 of SC/ST Act, therefore, the same is liable to be dismissed. 4. In the case of Prathvi Raj Chauhan Vs Union of India, reported in 2 SCC Online SC 159, the Hon'ble Apex Court has clearly evinced that only in those cases where the prima facie case is not made out, the rigour of Section 18 & 18-A of the SC/ST Act can be eschewed, therefore, in the light of the above, the matter has been pondered. 5. As per allegation made in the FIR as well as material collected during investigation, at this stage, this Court is of the considered opinion that there is no reasonable ground to reach at the conclusion that no prima facie case against the appellant is made out. The impugned order passed by the court Versus Counsel for Appellant(s) : Syed Shahnawaz Shah Counsel for Respondent(s) : G.A., Om Prakash Mishra, Suraj Mishra Samsuddin Rayeen .....Appellant(s) State of U.P. and Another .....Respondent(s) below is well in conformity in law and does not suffer from error of illegality, irregularity and warrant any interference by this Court. 6. Accordingly, the instant appeal is dismissed. September 18, 2025 Ajeet CRLA No. 8182 of 2025 2 (Shekhar Kumar Yadav,J.) Digitally signed by :- AJEET KUMAR PATEL High Court of Judicature at Allahabad